[House Report 108-300]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-300

======================================================================



 
          INTERNATIONAL FISHERIES REAUTHORIZATION ACT OF 2003

                                _______
                                

October 7, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2048]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2048) to extend the period for reimbursement under the 
Fishermen's Protective Act of 1967, and to reauthorize the 
Yukon River Restoration and Enhancement Fund, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``International Fisheries 
Reauthorization Act of 2003''.

SEC. 2. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                    PROTECTIVE ACT OF 1967.

  Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1977(e)) is amended by striking ``2003'' and inserting ``2008''.

SEC. 3. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.

  Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is 
amended by striking ``2000'' and all that follows through ``2003'' and 
inserting ``2004 through 2008''.

  Amend the title so as to read:

      A bill to extend the period for reimbursement under the 
Fishermen's Protective Act of 1967, and to reauthorize the 
Yukon River Salmon Act of 2000.

                          Purpose of the Bill

    The purpose of H.R. 2048, as ordered reported, is to be 
extend the period for reimbursement under the Fishermen's 
Protective Act of 1967, and to reauthorize the Yukon River 
Salmon Act of 2000.

                  Background and Need for Legislation

    H.R. 2048 reauthorizes two important fisheries laws: the 
Fishermen's Protective Act and the Yukon River Salmon Act of 
1995.

Fishermen's Protective Act

    The Fishermen's Protective Act of 1967 (FPA) established a 
program under which the Secretary of State may compensate 
fishermen for fines paid to secure the release of fishing 
vessels and crew which have been illegally seized by a foreign 
government and established a system of economic safeguards for 
U.S. fishermen fishing outside U.S. waters. Repayments made to 
compensate fishermen for fines paid to a foreign government are 
made from the Fishermen's Protective Fund established under 
section 9 of the FPA.
    Another safeguard for U.S. fishermen fishing outside U.S. 
waters is the Fishermen's Guaranty Fund, which is a voluntary 
self-insurance program administered by the Department of State. 
This Fund compensates fishermen for vessels and catch 
confiscated by a foreign nation under claims of jurisdiction 
not recognized by the United States. Payments under this 
program are made from the Fishermen's Guaranty Fund under 
section 7 of the FPA.
    H.R. 2048 reauthorizes the FPA through Fiscal Year 2008.

Yukon River Salmon Act

    It took over ten years for the United States and Canada to 
negotiate a long-term agreement for the conservation of salmon 
stocks originating from the Yukon River in Canada. The 
headwaters of the Yukon River are located in Canada, and salmon 
from the river spawn on both the U.S. and Canadian sides of the 
border. Fishermen from both the United States and Canada 
harvest salmon originating from the Yukon River and its 
tributaries. Concerns over the level of each country's harvest 
and the conservation of the stocks sparked the negotiations 
between the U.S. and Canada.
    On February 3, 1995, the United States and Canada agreed, 
through an exchange of diplomatic notes, on an interim 
agreement for the conservation of salmon stocks originating 
from the Yukon River in Canada. The interim agreement 
implemented provisions agreed to by the parties and allowed the 
institutional arrangements to commence while negotiations 
continued on a long-term arrangement.
    The United States implemented the interim agreement through 
the enactment of the Fisheries Act of 1995 (Public Law 104-43, 
Section VII). The implementing legislation created the United 
States section of the Yukon River Salmon Panel and the U.S. 
Advisory Committee.
    The U.S. section of the Panel is made up of six members--a 
federal official, appointed by the Secretary of State; a State 
of Alaska official, appointed by their Governor; and four 
knowledgeable and experienced individuals, nominated by the 
Governor of Alaska and appointed by the Secretary of State. Out 
of these four individuals, one is required to represent the 
interests of the lower Yukon River Fishing districts, one must 
represent the interests of the upper Yukon River Fishing 
districts, and one must be an Alaskan Native. Each member 
serves a four year term.
    The Advisory Committee is made up of at least eight but no 
more than twelve individuals, with two required to be Alaskan 
Natives. The Governor of Alaska appoints the Advisory Committee 
members, who serve two-year terms.
    The Fisheries Act of 1995 authorized appropriations of $4 
million for each fiscal year to carry out the purposes and 
provisions of the Yukon River salmon agreement. Of this 
appropriation, not more than $3 million was authorized for each 
fiscal year to the Department of the Interior and the 
Department of Commerce for survey, restoration, and enhancement 
activities. In addition, $400,000 was authorized for Fiscal 
Years 1996-1999 for the Yukon River Restoration and Enhancement 
Fund.
    The interim agreement expired on December 31, 1997. The 
agreement could have been extended if both sides agreed, but no 
such agreement was reached. The United States and Canada met in 
early 1998 to negotiate a new agreement, but the negotiations 
were unsuccessful. Informal discussions have been ongoing; 
negotiations in the following years were also unsuccessful.
    In November 2000, Public Law 106-450 was enacted and 
reauthorized the authorization of appropriations for the Act. 
In this reauthorization Congress amended the Act to allow the 
Secretary of State to designate members of the U.S. panel 
created by the interim agreement to any successor panel created 
in any future agreement between U.S. and Canada. In addition, 
$4 million was authorized for Fiscal Years 2000-2003. Out of 
the authorization up to $3 million was authorized for the 
Secretary of the Interior. Out of this amount, up to $1.2 
million wasauthorized for salmon enhancement and restoration 
projects, if an agreement between the U.S. and Canada is in place, and 
$600,000 was authorized for cooperative salmon research and management 
projects in the U.S. along the Yukon River.
    In March 2001, the U.S. and Canada reached an agreement on 
a management regime for salmon fisheries on the Yukon River. 
These negotiations were concluded with a passing of diplomatic 
notes in December 2002. Since this is an executive agreement, 
legislation is not required to implement it and Senate advice 
and consent is unnecessary.
    H.R. 2048 reauthorizes the Yukon River Salmon Act and the 
Yukon River salmon stock restoration and enhancement project 
funding through 2008 at current funding levels.

                            Committee Action

    H.R. 2048 was introduced on May 9, 2003, by Congressman 
Wayne T. Gilchrest (R-MD). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
May 22, 2003, the Subcommittee held a hearing on the bill. On 
July 17, 2003, the Subcommittee met to mark up the bill. Mr. 
Gilchrest offered an amendment in the nature of a substitute to 
make certain technical changes suggested by the Administration. 
The amendment was adopted by voice vote. The bill, as amended, 
was then ordered favorably reported to the Full Committee by 
voice vote. On September 24, 2003, the Full Resources Committee 
met to consider the bill. There were no further amendments and 
the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would affect direct spending (by 
authorizing the collection of additional offsetting receipts), 
but ``any such effects would be insignificant.''
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to extend the 
period for reimbursement under the Fishermen's Protective Act 
of 1967, and to reauthorize the Yukon River Salmon Act of 2000.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 2, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2048, the 
International Fisheries Reauthorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Melissa E. Zimmerman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2048--International Fisheries Reauthorization Act of 2003

    CBO estimates that implementing H.R. 2048 would cost $20 
million over the 2004-2008 period, assuming appropriation of 
the authorized amounts. Enacting the bill could affect direct 
spending, but we estimate that any such effects would be 
insignificant. H.R. 2048 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments.
    H.R. 2048 would reauthorize the Yukon River Salmon Act of 
2000, which authorizes funding for activities to restore and 
conserve stocks of Canadian-origin wild salmon in the Yukon 
River watershed. The bill would authorize the appropriation of 
$4 million a year over the 2004-2008 period for the Secretary 
of the Interior to continue those activities in cooperation 
with the Secretary of Commerce. Based on historical spending 
patterns under the Yukon River Salmon Act, CBO estimates that 
implementing H.R. 2048 would cost $4 million in 2004 and $20 
million over the next five years, assuming appropriation of the 
authorized amounts.
    The estimated budget impact of the bill is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level................................................        4        4        4        4        4
Estimated outlays..................................................        4        4        4        4        4
----------------------------------------------------------------------------------------------------------------

    H.R. 2048 also would reauthorize the Fisherman's Protective 
Act of 1967 through 2008. That act established the Fisherman's 
Guaranty Fund, which pays owners of U.S. fishing vessels for 
certain financial losses if their vessels are seized by a 
foreign nation. Vessel owners pay fees sufficient to cover the 
cost of these payments. H.R. 2048 would authorize this program 
through 2008, thus allowing additional payments of fees into 
the fund. (The fund has a current balance of $2.7 million). 
However, no owners have applied to participate in the program 
in recent years, and the fund has paid only one claim since 
1992. Thus, CBO estimates that any additional offsetting 
receipts from fee collections or spending for claims would not 
be significant over the next 10 years.
    The CBO staff contacts for this estimate are Megan Carroll 
and Melissa E. Zimmerman. This estimate was approved by Peter 
H. Fontaine, Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          SECTION 7 OF THE FISHERMEN'S PROTECTIVE ACT OF 1967

  Sec. 7. (a)  * * *

           *       *       *       *       *       *       *

  (e) The provisions of this section shall be effective until 
October 1, [2003] 2008, except that payments may be made under 
this section only to such extent and in such amounts as are 
provided in advance in appropriation Acts.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 208 OF THE YUKON RIVER SALMON ACT OF 2000

           *       *       *       *       *       *       *



SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary of 
the Interior to carry out this title $4,000,000 for each of 
fiscal years [2000, 2001, 2002, and 2003] 2004 through 2008, of 
which--
          (1)  * * *

           *       *       *       *       *       *       *


                                
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